§1526 Merchandise Bearing American Trade-mark

Summary

You may not bring foreign-made goods into the United States if they use a trademark owned by a U.S. person or U.S. company and registered in the U.S. Patent and Trademark Office, unless you show written permission from the trademark owner when you declare the goods. Goods brought in without that permission can be seized and forfeited. People selling or handling such goods in the U.S. can be blocked from selling them, may have to export or destroy them or remove the mark, and can be made to pay the same damages and give up the profits that apply under U.S. trademark law. There is an exception for personal items that travelers bring with them. The Treasury Secretary will publish lists of allowed types and quantities. A traveler who used this exemption less than 30 days earlier cannot use it again. If an exempted item is sold within one year, it or its value can be taken back, except for court-ordered sales or estate liquidations. The Secretary can make rules to manage this. Fake or counterfeit marked goods seized under related rules will be taken and, unless the trademark owner agrees otherwise, destroyed after forfeiture. The Treasury Secretary must tell the trademark owner when such goods are seized. If the goods are safe and the owner agrees, the mark can be removed and the items given to government agencies or charities, or sold at public auction more than 90 days after forfeiture if no agency or charity needs them. Anyone who directs, helps, or finances the import of seized counterfeit goods can be fined. For the first seizure the fine can be up to the item's suggested retail value if genuine; for a second and later seizure it can be up to twice that value. Customs decides whether to impose the fine, and fines are in addition to other penalties.